the need to limit output. the dow jones closing up 110 points. the energy giant clinched the rise. gent yellen says there is no fixed timetable. making man ar"making money" wits payne is next. charles: the majorrages ending on a -- the major averages ending on a high note after opec agreed to cut output. hillary clinton in trouble with black and hispanic voters. see send out the sos to the obamas. first lady michelle obama answered in pennsylvania. but can her surrogates bring her

over the finish line? could a victory in mosul propel hillary in november? the first big news of the day, f.b.i. director james comey getting grilled on capitol hill. donald trump -- >> nobody understands how she can get a congressional subpoena. she gets the subpoena. this didn't happen before the subpoena. she gets the subpoena and she then goes out and dleeds 33,000 emails. i'm so disappointed with the people in washington for allow her to get away with this. i'm so disappointed. charles: f.b.i. director james comey facing off with the members of the house judiciary

committee. the f.b.i. gave five clinton aides immunity during the course of this investigation. a deal some members of congress say shows the f.b.i. was in the tank for clinton. comey denied this. take a look. >> call us wrong, but don't call us weasles. we are not weasles. wwe are honest people. this was don't way you would want it to be done. charles: joining us to discuss, steve rogers within mercedes schlapp and blank rutherford and matt whitaker, former u.s. attorney. matt, was this done the way we would want it done? >> it was highly unusual. i served with jim comey, the department of justice. congressman radcliffe, and i have never seen immunity given

to lawyers for laptops. the f.b.i. usually issues grand jury subpoenas and search warrants to do investigations, not offering immunity to whoever might have information that turns out to not be useful anyway. >> the timing of some of the immunity. the decisions made by clinton's camp before and after this game an issue, all of it and then of course the f.b.i.'s final conclusion not to go forward with this has left an unsavory taste in the mouth of the american public. >> the f.b.i. is trying to pass the buck over to the department of justice saying we didn't have anything to do with this immunity, the department of justice did. when you look at cheryl mills' happen top, they found classified information. the mere fact that there will be no accountability for these individuals who have been not only extremely careless, you can

call it gross negligence. the mere fact there will be no steps moving forward to deal with this issue is incredibly problematic, and it continues to raise more questions, charles. charles: hillary dodged a bullet with this debate, and i don't know what the answer will be for her. the use of this bleaching device. it sounds like a criminal enterprise. >> the most important thing is the f.b.i. has reached their final determination and the justice department has reached their final determination. now all we are doing is attacking the process and to what end? it's not particularly productive. the f.b.i. director who is a republican, we'll respected on capitol hill, made his determination and recommendation which the justice department

accepted and it is time for move on. attacking this process isn't that productive. it's not going to change the outcome for hillary clinton or republicans who want to see something different. charles: james comey was very respected among republican circles. steve, you are one the first guys i think of with this kind of stuff. comey says we don't carry water for anyone. he says you can call us wrong, but don't call us weasles. don't call is wheeze thes. are you torn object this? >> very torn as many f.b.i. agents are active and retired. donald trump articulated the frustration and disappointment when it comes to the f.b.i. when all is said and done, the damage done to the reputation of the f.b.i. will take many years to repair. i still believe in the agents

and the agency, but i think january he will have to step down. charles: james taupie? >> yes, sir. charles: is it done in terms of not the impact on the election or james comey's career. but are all legal options with respect to getting some sort of remedy on the violations by the secretary of state, are they exhausted? >> unless you have a trump administration who appoints a new attorney general and reopens this case. there is a statute of limitations that's ticking and not passed. they could reopen these charges. no matter how petty they seem to some. charles: would it seem petty to you? >> no, but it would be highly partisan. as a former member of the law enforcement community, for me you follow the law and see what the facts do and you investigate

the entire crime and not just pieces and portions that it appears they did in this instance. i don't think it would be petty, but i think there would be partisan charge on both sides. charles: this is an election issue. it's not going away. whenever it's polled across the board, people are just curious. because it dovetails with the notion that the clintons have always been above the law. it's not just a recent thing, but something that goes back multiple decades. >> the outcome probably won't change. they probably most likely won't reopen the case. but what it has done, it has obviously built on this notion that hillary clinton cannot be trusted. when more facts continue to come out with these f.b.i. documents. when you see the hillary cover up operation, this adds to the narrative.

i think that at the end that just continues to -- this is why she can't get over 50 percent. >> multiple law enforcement agencies now, unions have come out in support of donald trump. i don't know that i have seen this before. more recently it was immigration. and a variety of them, frat term order of police. is it because of the relationship -- the law enforcement as being headed by barack obama or is there something else afoot here that so until the law enforcement community see a shining light in donald trump. are they worried about their ability to carry out the law? >> their ability to carry out the law has been hindered by the obama administration. the cry out there from law phonersment is help douse our job. help us help the people in the inner cities. the police in this nation want

to come together with the people. and i'm convinced the people want to come together with them. charles: you talk about and most of the panel agrees with you, blake, you have to admit this is a very dark cloud hanging over the clinton order ministration. one of the biggest hurdles between her and the white house. what is she going to do the next time she is asked about this on a national stage. >> it certainly has been a political question for her. it's been a political issue for her. i suspect lit come up in the next debate. she'll have to deal with it. and she'll have to deal with it effectively. it is an issue that has dogged her campaign. the f.b.i.'s determination is helpful to her. it is a big deal that the f.b.i. reached a conclusion that she did nothing wrong, pant justice department accepted that.

but there is a narrative she'll have to feed and frame. and in this next debate i would expect her to do that and do that effectively. >> comey was adamant saying we are honest people, we don't carry water for anyone. many trump voters don't believe that. it's difficult when you have a large portion of the american. you that has no faith in the f.b.i. especially under james comey. >> f.b.i. director comey has to protect his own. he got emotional by the. but when you read his statement on hillary clinton it was such a scathing statement on her on being extremely careless, and you had many prosecutors saying why isn't he making that recommendation to the departments of justice to move forward? i think that's why it comes into play why so many americans question the actions of the federal government. in this case the f.b.i.

charles: i was on the phone with my wife as comey was talking and i said i have got to go. he's going to indict hillary clinton, and of course it didn't happen. hillary clinton getting an endorsement fourth record books. something in arizona happened that never happened before. governor brewer here to discuss next.

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charles: for the first time ever the arizona republic hoos endorsed a democrat for president. they said donald trump began his campaign with flents with mexico

and mexican as criminals and rapists. they are a valued trading partner with arizona and america. >> the newspapers are going going to choose somebody to endorse. but donald trump's campaign always movement. the people are fieferred being e tired of being told what to done who to vote for. you know, charles, i ran several elections. 24 to be exact. and i have got the endorsement from the republic, and i have also not received it. and i won anyway. i think that's how it will go with donald. it's just another example of telling people what and how and who to vote for. it's not going to work anymore.

donald has a movement. >> it is curious. you had the dallas morning news. a well-known conservative newspaper. now these guys. is there some segment within the gop, call it the gop establishment if you will, that doesn't get this movement, doesn't understand this movement or are they threatened by it? >> i think they truly are threatened by it because they want to control the policies of the united states. unfortunately we have people that understand that they want to be listened to and they want things to change. for any news paper to come out and endorse hillary clinton, exactly what she is and what she stands for. she lied. she is running a smear campaign. and to endorse somebody like that's, why would you believe anything she would tell you. the people understand, they know who hillary clinton is and what she stands for.

she can look straight into the cram and lie to you. charles: hillary clinton was able to thrust former miss universe alicia machado into the debate. now the mainstream media has taken this and run with the big time. she is being interviewed everywhere. are you concerned particularly with arizona impacting the latino his andic vote and the women voters if they are critical donald trump is going to win? >> this is a vicious attack by her and hillary clinton to smear donald trump's reputation and his -- the person that he truly is it's just vicious. they don't want to talk about the issues, so they want to a distraction there they don't want to talk about benghazi or

isis or jobs in the economy. so the clinton campaign to go down this path to distract, most ball, keep your eye on this ball, keep tour eye on this ball when all we are interested in are the things that affect us day in and day out. charles: if the mainstream media without any evidence that donald trump called her the names, the disparaging names. they made that the narrative and stated it as fact. i think it's damning stuff. how does the trump campaign counter this? or do they just look forward? >> we want to talk about the issues. all of this smear stuff going on is just ridiculous. the bottom line again with regards to this is that people are smarter than to believe that kinds of stuff. it's the lowest you can go to do something like this.

they need to talk maybe about some of the people hillary has intimidated and bullied like monica lewinsky and gennifer flowers. people she has a history of bullying. does the media talk to these people i don't see them on tv and she were harmed airport's been subject stains yaitd. charles: i think i speak for many people, we agree with you. let's talk about some of the issues. in this election the stakes are very high. thank you, we appreciate it when you come on. coming up, the house overturned president obama. the first veto of his administration. and guess what snow's embarrassed. we -- he's embarrassed. we have the details next. this woman owns this house,

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charles: the house took the final vote overriding president obama's veto of the bill allowing families of the victims of the 9/11 terror attacks to sue saudi arabia and other state sponsors of terror. and within the last half-hour president weighed in. >> the concern i have has nothing to do with saudi arabia per se and sympathy for 9/11 families. it is we not want us exposed to light builts for all the work we are doing around the world. charles: joining me now is steve roarnlings and telecast nash. is there any legitimate concern with respect our troops being deployed around the world and themselves being targeted for

lawsuits and things like that? >> i don't think so. two thoughts come find. one, it, interesting to hear the president say that afteree just got done paying -- after we just got done paying several billion dollars in ransom to get hostages back from iran. charles: doug, you are a prosecutor. it's ironic captain nash brought up the. >> i iranian payment. a lot of people said we should have put that money aside. what's your thinking on this now. president obama has been saying he was embarrassed. but i think this is clear it's what the american public wanted. >> point one hand of course you want to make the point that victims of this tragedy should

be able to litigate their rights in court. but it's sophisticated legally. i want you to explain. why didn't one -- why did 97 members of the senate not get this, over 70 members of the house. why if this is so sophisticated, a valid situation, hardly anyone in his own party understand it. >> it many the politics of it. who wants to stand up and vote quote-unquote against the families of 9/11 right before an election. i'm not defending anybody per se. i'm just telling you it's a complicated issue. there is something called foreign sovereign immunity, and the president is saying the other countries might turn around and try to damage us bypassing similar laws allowing us to be sued.

charles: saudi arabia is building a wall that would make donald trump dream. we just sold them $100 billion worth of weapons. they need us more than we need them. when president obama says it's not about saudi arabia per se. why dose seem to care so as much about their interests? it's mind boggling. there will be no retaliation. they need our military and our hardware. as a police officer we issue subpoenas, and they have to appear before a court. let's say we issued subpoenas for the saudi arabian royalty, who is going to go get them? >> in this law there always pro vision that -- a provision that says if in always suit that's

brought, the suit can be stayed. charles: will this alter our relationship? i know there has been some saber rattling from saudi arabia. they don't take in refees from the middle east. er in questionable. and we do have legitimate concerns about them playing both sides of the field. >> we do. the fact of the matter is i don't think lit change our relationship with the saudis. they need us more than we need them. pretty soon you are going seat russians will need us more than we need them tbawls terrorism has reared its ugly head. it struck us here. those chickens are coming home to roost in sadie arabia. the royalty knows it. charles: god bless those families. that's great news for everyone in this country. hillary clinton rolling out the

a-team, but are democratic darlings like michelle obama going to be enough to get her over the finish line?

>> in 2012 voters under the age of 30, you all, not me, you provided the margin of victory for barack in four key battle ground states, florida, ohio,

virginia and pennsylvania. you all did it. but without those votes, barack would have lost those states, he would have lost the election period end of story. charles: that was first lady by shell obama galvanizing the support for hillary clinton. shing court key voting blocks. but these high-profile surrogates, are they going to be enough? the big question is can they close that enthusiasm gap? you know, gina, it's clear to everyone this is a pivot all

situation for hillary. in the polls them showing up is the big question mark. >> yeah, because you can't talk thousands am into someone. enthusiasm is rather organic, charles. and the psychology of being excited to go vote for someone doesn't transfer. but not only that. millennials don't want establishment. so the candidate who said she is not all that established despite 30 years working for the government. it really isn't going to work. i don't know how they can make the transfer. charles: in florida there is a good article saying hillary clinton is absolutely desperate for black voters in florida. 1.7 million black voters in that state and they have showed zero interest in her. can even the obamas help?

>> absolutely. hillary clinton made minority outreach her entire campaign. she leads donald trump by 80 percentage votes. charles: but will they be motivated to show up? >> absolutely. i think a lot of people think there is a lot at stake here. i think a lot of voters will use their vote as a defensive vote. >> that's the fundamental problem. hillary clinton every gave voters in the obama coalition a reason to vote for her other than i'm a woman, it's my turn and donald trump stinks. here is my concern if i'm in the trump campaign. i'm concerns millennials learn i havics between now and election day he may be dunzo.

they don't want to accept the electoral college map as king. she lost 17 points with millennials. charles: those votes from bernie sanders haven't gone over to donald trump. he's edged up higher. i don't think 16% of any group is going to vote for johnson and 5 or 6% for stein. does he go to more black churches and reach out to more millennials himself? >> stay the course. he's trending upward and she's trending downwards. 70% of the american voters don't like the direction this election is heading in.

i think that donald trump just stays his course. i think that's the best answer for him. charles: we do know barack obama's popularity is 50%. we saw early in this campaign with black lives matter, they goth their face a few times. the crime bill her husband signed. she doesn't have a clean record within the black community and you wonder why millennials will vote for her. >> i think it's transferring to an extend. but if you are casting a defensive vote, you see how poorly donald trump does with african-americans. when i was at hofstra he treat meade personally very poorly. i asked him a very base i can question about how he could garner more support for millennial women.

instead of answering my question, he grabbed my wrist and pushed my phone away. i'm holding my phone like this recording asking him a question how can you get more millennial women support for you. he needs our votes. he grabs my wrist, says put that down and pushed my phone out of my way and ignores my question. and that was prove on me in one fell swoop after the debates. >> voters want to play offense and not defense. claiming a protest vote isn't going to send a lot of people out there. charles: typically people vote for you something rather than against something. >> especially in an election like this. >> the stocks end on a high note.

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their word. if you don't have exposure to oil you should be looking to have more to add to it. at that level you see a true breakout and it probably removes the risk and whip saws to the down side. it wasn't the stock in the oil patch for me that made the big difference. there are signs of i am pending approvement and demand. i think cat will benefit from business developments and durable goods. the business sector is set to have $1 trillion in projects sitting on the shelf. they have got to put some of that to work. caterpillar i think is going to

flock matter who wins in november. you have got to go to my website wstreet.com. janet yellen answering some tough questions today. the pursuit of healthier. it begins from the second we're born. because, healthier doesn't happen all by itself. it needs to be earned every day. using wellness to keep away illness. and believing a single life can be made better by millions of others. as a health services and innovation company optum powers modern healthcare by connecting every part of it. so while the world keeps searching for healthier we're here to make healthier happen.

>> numerous media reports stated the governor is aging for a stop job qulint on administration if hillary wins. >> we are subject to the restrictions offed the hatch act. '.

the federal governor can be in direct negotiations with a political campaign looking for a future job what that's not a conflicts as far as you are concerned? >> i will have to consult my counsel. charles: that was congressman scott jarett grilling janet yellen. congressman gary joins us now. that was one heck of a performance. you kind of had her like a deer in the headlights. the politization of the fed. i don't think we have ever seen it like this. >> we have to look at the issue, is the federally independent or is it a myth? i would suggest it is a myth. when we look at the history of this fed chair who meets regularly. when you look at this fed and

see a resolving door. and you see latest example of what you just had. you have a sitting or governor donating to one of the presidential candidates. and with the reports out there as you indicated that it's on the short list. so the public wants to know. is that a conflict or something they should recuse themselves? the fed chair thanked no answer. charles: we hear over and over again about congress getting tough with the federal reserve and nothing seems to coming of it. it felt like your colleagues are trying to hush you down. because you had her corner there. what can the american people expect snct fed seems like an omnipotent power that no one can control. >> we have taken action. i thank the chairman or moving our legislation along to go to the fed and say they have to be transparent.

they have to be accountable. that legislation moves through committee and the house and goes to the senate where all good bills go to die. but we have taken facts house and we'll be able to move that legislation going forward. and let me just say, there is all talk about taking corporate money out of politics. maybe it's time we take federal reserve money out of politics as well. charles: i agree 1,000 percent. donald trump brought up the fed during debates. i don't know a lot of americans understand the fed or have any clue white is. are they a fair target for a potential president strike at should he be influenced himself one way or another? >> i's incumbents upon all -- it's income bent upon all elected officers to say is the

fed behaving as it should. sit was designed to behave as an independent agency. but we see a track record of this fed succumbing to political pressure. we need to say we need to put legislation in place and make shiewrltd fed going forward will be independent and not act like it has in the past. charles: great show today. as a wall streert and american, i appreciate it a lot. i want to bring in our panel. eric in the house, usually you are remote. let's talk about the fed. let's talk about the bank situation in europe. and and true state of the economy. the fed, the politicalization of the fed it does not sound like any member of the fed should be donating to a potential candidate especially who may give him a job later.

>> i think if we look at janet yellen. i don't see it. to me and certainly trump is making these accusations. he was supportive of yellen before and now he's not. it's like the packer aaron rogers saying he's getting penalized was the others don't like the color pink. off course they are political it unless their dna. if you go back in history, a republican from rhode island. poll tricks in the dna. in 1979. a nonthe fed has not raised rat, they promised four raises, necessity raised once. charles:al drive was part of that famous train trip.

>> this writes i think they are partisan. i think they are partisan for the american people in terms of jobs. what are they going to do, raise rates? that would be raisey. charles: they can't on the one hand say we did an amazing job and not have accommodation. the deutsch bank is in trouble. now the fed quietly talking about rejiggering the stress test. is that a red flag for you? >> this reminiscent of 2008. the bank are the saying we are fine. we have plenty of capital. $60 trillion in derivatives outstanding. they fail, the contagion will be global. the braings too big to fail. so we have the same problems we had in 2008. if deutsch bank phase it will

keike a day at the peach. charles: aaron are you waried? >> i think -- are you worried? >> i think it's worse than 2008 because you have hidden money not being tracked. char consider tension tensions g with russia.

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to help forces retake mosul from isis. captain chuck nash joining us now. let's start with john kerry with this ultimatum he has given the russians, i can't believe. like he said if you don't stop tomorrow, i am going to hold my breath and never talk to you again. >> like about the join agreement on syria, when is probably written on a white board. you can erase it. this embarrassing. charles: to your point, empty threat -- >> red lines. charles: is this why belligerents of the world are off the rail, doing what they want from north korea to isis to russia. it does not matter, no one is intimidated by america any more. >> right, our enemies don't fear or respect us. there is an old saying, let

them hate so long as they fear. they may hate us, but they don't fear us. charles: what is kerry going to do? the bombing is not going to stop. what is plan b for him, he is talking to his counterpart lob -- in a week or so. they are going in for the kill, assad and russia are going in for the kill. >> absolutely. what they know that they have the rebel forces in aleppo on the ropes, now they are bombing civilian infrastructure in particular water and other critical elements, where you have people trapped in a city that is rubble now. and you will cut off their water, cut off what remains of electricity. and you don't have to have a massive force to lay siege to the town. you just have to make them want to evacuate because you

can't live there any more. charles: switches to news today additional troops to iraq for a final push in mosul. seems time to coincide with presidential elections. a nice feather in cap for president obama. but hillary clinton has voiced opposition to any sort of ground troops. how do you see this playing out? >> charles issue president last judging said we're going to extend mission in afghanistan, put more troops back in iraq. he has yet to apply to the house arm services committee, to pay for any of this. so, he is running in to troops, that is taking money out of other pockets inside of dod, we're in there supposedly training and supports and logistics and building airfields, and iraqis are going to be on the tip of the spear, they are but it is

probably going to be bloody not pretty. charles: we'll have casualties, i have no confidence those iraqi forces can do this alone even with us helping from behind, captain nash, you are the best, i appreciate it, here is lou dobbs. lou: good evening, i am lou dobbs, president obama today added another failure on his legacy as president. congress voted to override his presidential veto. first time they have done so in his administration. the hughes and sense -- house and senate rejecting president obama's effort to derail legislation allowing families september 11 victims to sue the government of saudi arabia . senate took